IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100024747 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests payment of the second half of his enlistment bonus that was executed on 6 August 2007 in the Utah Army National Guard (UTARNG).

2.  The applicant states he signed a contract for a $20,000.00 bonus at the time of his enlistment.  He received the first half but not the second.  He believes the error may be as simple as a changed military occupational specialty (MOS) identifier.  When he received the first half of his bonus he was trained in the critical skill MOS of 63B (wheeled vehicle mechanic).  The MOS identifier was changed to 91B with the same MOS title.  The email he received states that MOS 63B does not entitle him to a bonus because this MOS does not exist anymore.

3.  The applicant did not provide any evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the UTARNG on 6 August 2007 for a period of
8 years in the rank/grade of private (PV1)/E-1.  In connection with this enlistment he signed an Enlistment/Reenlistment Agreement in the ARNG which shows he enlisted under Program "S (Standard Training)" in MOS 63B.

2.  In connection with the applicant's enlistment, he and his recruiter signed Annex E (Non-Prior Service Enlistment Bonus Addendum) to his DD Form 4 (Enlistment/Reenlistment Document).  This form shows in:

	a.  Section II (Eligibility), paragraph 7, the entry "All College First Applicants (regardless of bonus option) enlisting into a valid position (0 - 105% of the unit's wartime strength) under the 6X2 or 8X0 enlistment option and will receive a $20,000.00 enlistment bonus payable 50% (percent) upon completion of AIT (Advanced Individual Training) and 50% on third year anniversary.  3X5 enlistment options or TDA (Table of Distribution and Allowances) units are not authorized."

	b.  Section III (Payments), paragraph 1, the entry "I will receive a total bonus of $20,000.00 for the enlistment bonus option above, less taxes.

	c.  Section III, paragraph 3, the entry "Critical Skill Bonus.  I will receive my first bonus payment of 50% of the total authorized amount entered above, less taxes, when I complete IADT (Initial Active Duty for Training) and I am awarded the MOS for which I enlisted.  The second and final payment of 50% will be paid on the 36th month anniversary of my date of enlistment."

3.   On 24 June 2008, he entered IADT.  He completed basic combat and AIT and he was awarded MOS 63B1O (the 1 indicates his skill level and is used for E-1s through E-4s).  He was released from IADT on 3 December 2008 to the control of his ARNG unit.

4.  Orders 344-052, issued by Joint Forces Headquarters, UTARNG, Draper, UT, dated 9 December 2008, awarded the applicant the primary MOS of 63B1O.

5.  On 21 January 2010, subsequent to an official Army conversion and/or re-numbering of this MOS as 91B, the UTARNG published Orders 021-079 awarding him MOS 91B.

6.  During the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB).  The advisory official recommended approval of the applicant's request and stated:

	a.  The applicant enlisted for the $20,000.00 College First Enlistment option on 6 August 2007 and training in MOS 63B.  He received his initial bonus installment based on critical skill MOS 63B but he was denied payment of the second half on 6 August 2010 because MOS 63B was not on the designated critical skill at the time.

	b.  MOS 63B was converted to MOS 91B with the same title, effective
1 October 2009.  UTARNG published Orders 021-079 on 21 January 2010 

showing his MOS as 91B.  He was still functioning in the same MOS.  Through no fault of his, the MOS conversion led to loss of the second installment. 

7.  On 29 April 2011, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

8.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, provides that enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted under the Non-Prior Service Enlistment Bonus for a $20,000.00 bonus in MOS 63B for a period of 8 years.  He fulfilled his contractual agreement by completing IADT and holding the MOS.  He received his first half of the bonus but not the second.  His MOS was converted to MOS 91B throughout the Army.  

2.  He met all of the requirements he agreed to on his enlistment bonus addendum contract and continues to perform his duties as a wheeled vehicle mechanic.  He should not be penalized based on the conversion of his MOS.  Therefore, he should be entitled to receive payment for the remaining portion of his enlistment bonus.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

	a.  showing he received a valid bonus control number upon enlistment in the UTARNG for the enlistment bonus in the amount of $20,000.00;

	b.  showing he is eligible for payment of the bonus in accordance with the terms of his enlistment contract; and

	c.  paying him, out of ARNG funds, the remaining portion of his bonus as specified in his enlistment contract, less taxes.



      ____________X___________
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100024747



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ABCMR Record of Proceedings (cont)                                         AR20100024747



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